Visa expired or overstayed in Australia: apply for a Bridging visa E now

Updated 3 October 2026

An overstayed visa makes you an unlawful non-citizen, and Home Affairs says to apply for a Bridging visa E or depart Australia immediately to become lawful. A Bridging visa E costs A$0 and is lodged in ImmiAccount, and one granted within 28 days after your visa ended keeps you outside the 3-year re-entry rule in PIC 4014 if you later leave. Without a visa, an officer who knows or reasonably suspects you are unlawful must detain you (section 189 of the Migration Act 1958).

The site’s enquiry form is a disabled preview and cannot send details yet. If a deadline is approaching, contact an Australian migration lawyer directly. Read how enquiry details are handled.

From the day your visa ends

The date that counts under PIC 4014(5)(b)(i) of the Migration Regulations 1994 is the bridging visa grant date, not the application date; meeting criterion 3001 does not settle Schedule 3, because clause 820.211(2)(d)(ii) also requires criteria 3003 and 3004 unless waived for compelling reasons.

At a glance

The grant date matters: Under PIC 4014(5) of the Migration Regulations 1994, a Bridging visa E granted within 28 days after your last substantive visa ended preserves the exception; applying within that period is not enough.

What happens when you overstay your visa?

You become an unlawful non-citizen from the moment your visa ends, unless another visa is in effect. Sections 13–14 of the Migration Act 1958 define this status. Section 189(1) requires an officer to detain someone they know or reasonably suspect is unlawful in the migration zone.

Section 198 of the Migration Act 1958 requires removal in the circumstances it specifies. Home Affairs’ “If you don't have a valid visa” page says the Department can detain you, remove you and bill you for removal costs.

Home Affairs’ “Re-entry ban” page says an exclusion period may last for up to three years and may apply if you overstay by more than 28 days.

Your status when you depart, and when any bridging visa was granted, can affect later applications under PIC 4014 of the Migration Regulations 1994; the departure details are explained below.

For context, Home Affairs’ The Administration of the Immigration and Citizenship Programs, 16th edition, estimated 77,700 unlawful non-citizens at 30 June 2025, excluding held and community detention. It says “most non-citizens are only unlawful for a short period”.

How do you become lawful again after a visa expires?

You become lawful when a visa is in effect—not simply because you have lodged an application. Home Affairs’ “Your visa is about to expire” page says to depart or apply for a Bridging visa E immediately after expiry.

1. Apply using the correct form. You can apply for a Bridging visa E through ImmiAccount using Form 1008 Internet. Under the Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021, that online form is approved only if you have no other pending BVE application. Home Affairs’ paper Form 1008 is available if you cannot use ImmiAccount; lodge it by an authorised paper method, not email or fax.

   Clause 050.211(1) of the Migration Regulations 1994 requires you to be unlawful, a BVE holder or a subclass 041 holder when applying. The application charge is A$0 under Schedule 1 item 1305, as at 1 July 2026.

2. Identify the ground for your application. Two relevant grounds under clause 050.212 of the Migration Regulations 1994 are acceptable departure arrangements, or a valid onshore substantive visa application that has not been finally determined. A substantive visa is a visa other than a bridging, criminal justice or enforcement visa.

   Many onshore substantive visa forms also count as BVE applications. Home Affairs’ subclass 050 page says it will tell you if your valid substantive application also includes a BVE application.

3. Wait for the decision and check the grant notice. Home Affairs’ subclass 050 page says it cannot give status updates: wait for the Department to contact you. If granted, check when the visa ends and its conditions in the notice; Home Affairs also directs holders to VEVO to check conditions.

   Grant is not automatic. Under clauses 050.223–050.224 of the Migration Regulations 1994, the Minister must be satisfied you will comply with the conditions, and any required security must be lodged before grant. If refused, Home Affairs’ subclass 050 page says the refusal notice states whether review is available.

Under the Migration Regulations 1994 subclass 030 rules, you may receive a Bridging visa C instead if you lodge a valid substantive application while unlawful and have not held a BVE since your last substantive visa, subject to the other criteria.

If your visa has not yet expired, Home Affairs’ subclass 050 page says: “A BVE application cannot be made in anticipation of becoming unlawful.”

Why the first 28 days after your visa expires matter

28 days after your last substantive visa ended is the practical point to check for two separate rules: PIC 4014 and Schedule 3. The Migration Regulations 1994 give each rule its own date test.

Under PIC 4014, departing as an unlawful non-citizen or on a Bridging visa C, D or E is a risk factor. For visas that require this criterion, the next application generally needs to be made more than three years after departure unless an exception or waiver applies.

PIC 4014(5) of the Migration Regulations 1994 excludes that risk factor if:

• you left within 28 days after a substantive visa ceased;
• the bridging visa held at departure was granted within 28 days after a substantive visa ceased; or
• that bridging visa was granted while you held another bridging visa granted while you held a substantive visa, or within 28 days after one ceased.

Being granted a BVE after day 28 therefore does not automatically mean exclusion: the other exceptions must also be checked. PIC 4014 applies to 19 temporary subclasses, not permanent visas; Home Affairs’ “Re-entry ban” page says it will consider your immigration history for permanent applications.

PIC 4014 also permits grant within the three-year period for compelling circumstances affecting Australia’s interests, or compassionate or compelling circumstances affecting an Australian citizen, permanent resident or eligible New Zealand citizen. See the Bridging visa E 3-year ban explanation for the departure rules.

For an onshore partner application, Schedule 3 criterion 3001 of the Migration Regulations 1994 requires a valid application within 28 days after the “relevant day”, generally when the last substantive visa ended. Criteria 3003 and 3004 still apply unless there are compelling reasons not to apply those criteria under clause 820.211(2)(d)(ii); see the Schedule 3 partner visa explanation.

What an overstay does to your next visa application

Expiry alone does not trigger the section 48 bar. Section 48 of the Migration Act 1958 concerns specified refusals or cancellations since your last entry, not simply a visa reaching its end date; a bridging visa refusal does not trigger it.

Without a substantive visa, an onshore partner application is subject to Schedule 3 under clause 820.211(2)(d)(ii) of the Migration Regulations 1994. Section 76 of the Migration Act 1958 also says holding a bridging visa is not “the holding of a visa” for an application for another class. Read about applying for a partner visa from a Bridging visa E.

Condition 8503 (no further stay) is a separate barrier that does not end when the visa expires. Section 46(1A)(b) of the Migration Act 1958 refers to a visa you “has held” since last entering Australia. While you remain in Australia, a waiver under section 41(2A) is needed to lift that bar for a visa it prohibits; see the 8503 waiver explanation.

For applications from 2 October 2026, the Migration Amendment (Student Visa Reform) Regulations 2026 removed the old route allowing a former Student visa holder without a substantive visa to apply in Australia within 28 days after that visa ended.

Are you an unlawful non-citizen?

Yes, if you are a non-citizen in Australia and no visa is in effect: sections 13–14 of the Migration Act 1958 define you as unlawful. No, if a bridging visa such as a Bridging visa A, C or E is in effect; a BVE keeps you lawful but is not a substantive visa under section 5(1).

An unlawful non-citizen can apply for a BVE if eligible under clause 050.211 of the Migration Regulations 1994, and for any substantive visa the law still permits; the barriers described above must be checked first.

Contacting the Status Resolution Service

1. Request an appointment. Home Affairs’ “Meet with us” page says the Immigration Status Resolution team serves people who hold a Bridging visa E or do not hold a valid visa. It does not handle general visa enquiries or enquiries about other visa types.

2. Discuss your available options. Home Affairs’ “Immigration Status Resolution Service” page says officers can explain visa options, explain how decisions now affect later options, help plan departure and refer you to other services. It also says you can apply for a BVE through ImmiAccount for free.

3. Ask about departure support if you decide to leave. Home Affairs’ “Help to leave” page says the Return and Reintegration Assistance Program can provide return counselling, travel documents and flights. Departure counselling “does not affect any ongoing immigration matters”.

Home Affairs’ The Administration of the Immigration and Citizenship Programs, 16th edition, records 7,330 people entering the Status Resolution program in 2024–25, including 5,042 who approached the Department themselves.

Frequently asked questions

Is there a grace period after my visa expires in Australia?

No. Under sections 13–14 of the Migration Act 1958, you are unlawful once your visa ends unless another visa is in effect. The 28-day tests in PIC 4014 and Schedule 3 of the Migration Regulations 1994 are not permission to stay.

Can I apply for a Bridging visa E before my visa expires?

No—not in anticipation of becoming unlawful. Home Affairs’ subclass 050 page says to apply once your substantive visa has expired.

How much does a Bridging visa E cost?

A$0. The base and additional applicant charges are nil under Schedule 1 item 1305 of the Migration Regulations 1994, as at 1 July 2026.

My Student visa expired. Can I apply for a new one in Australia?

For applications from 2 October 2026, not on the old “Student visa ended within 28 days” basis. The Migration Amendment (Student Visa Reform) Regulations 2026 retain a narrow exception where the Administrative Review Tribunal (ART) sets aside a Student visa cancellation, or a refusal to revoke it, after the visa’s end date; further timing and prior-grant requirements apply.

Getting advice before you contact Home Affairs

1. Have your dates and documents ready. Gather the date your visa ended, details of any application or review still underway, and your last visa’s conditions—particularly condition 8503 (no further stay).

2. Ask for a date and application-route check. An Australian migration lawyer can check the BVE grant-date issue under PIC 4014(5) of the Migration Regulations 1994, whether Schedule 3 applies, and whether section 46(1A) of the Migration Act 1958 creates an 8503 barrier. A Bridging visa E lawyer can check application validity, missing evidence and the order of any required applications before lodgement—not guarantee a grant within 28 days.

The site’s enquiry form is a disabled preview and cannot send details yet. If a deadline is approaching, contact an Australian migration lawyer directly. See how to contact a lawyer directly.

This page is part of the Bridging Visa E Guide, an information publisher—not a law firm or government site.

An Australian migration lawyer can compare your expiry date with the PIC 4014 grant-date test and check which application route remains available. That review can identify whether an 8503 waiver or Schedule 3 evidence needs attention before lodgement; it cannot control when Home Affairs grants a BVE.